Health records are confidential, so you can only access someone else’s records if you’re authorised to do so.
To access someone else’s health records, you must have:
- their written permission, or
- the legal authority to make decisions on their behalf (power of attorney)
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows a person to appoint someone else to make decisions on their behalf. The person appointed is called an attorney.
There are two types of LPA relating to:
- health and welfare
- property and financial affairs
An attorney appointed on a health and welfare LPA can only make decisions when:
- the person lacks the mental capacity to make decisions
- the LPA document has been registered with the Office of the Public Guardian
Carers Direct has more information about power of attorney, including applying for, registering and cancelling power of attorney.
Applying for access to someone else’s health records
Depending on which health records you want to see, you should submit your request in writing or by email to:
- the person’s GP surgery
- the person’s optician
- the person’s dentist, or
- the health records manager at the local hospital trust where the person was treated
This is known as a Subject Access Request (SAR).
You can also submit your request using an Access Request Form available from your GP, your local primary care trust or hospital trust.
You will need to send a copy of the person’s written permission with your request.
The health records manager, GP or other healthcare professional will decide whether the request can be approved. They can refuse your request if, for example, they believe that releasing the information may cause serious harm to the person’s physical or mental health or that of someone else.
Under the Data Protection Act, requests for access to records should be met within 40 days. However, government guidance for healthcare organisations says they should aim to respond within 21 days.
Fees to access someone else’s health records
You may have to pay a fee to access someone else’s health records so ask if there is a charge before you apply to see them.
For more information, see What are the fees for accessing medical records (health records)?
Read the answers to more questions about NHS services and treatments.
Further information:
